05-10-1990 Public Hearing and Regular Meeting

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• • • Board of Adjustment Minutes of May 10, 1990 Page 2 o f 4 4) e "T" portion of the alley. Ordinance Section 6-500, adjacent to a public right- f ten (10) feet." An alley which when at least twenty (20) feet in width, may be used for vehicular service access to the back 'or side of properties otherwise abutting on a street or highway. Based on the definition of an alley as a public way and the lack of a ten (10) foot setback adjacent to the alley, the permit was denied. There is a question regarding Zoning Ordinance intent. This intent centers on the present and intended use of the alley. The main reason for requiring a ten (10) foot setback is to insure adequate clearance between a building and vehicular traffic lane. The Zoning Ordinance definition of an alley states that an alley which is at least twenty (20) feet in width may be used for vehicular traffic. In the case of a twenty (20) foot alley, it is clear that the ten (10) foot setback requirement would be both applicable and reasonable. immediately adjacent to th Footnote #3 of the Zoning Table B states: "All yards of-way must be a minimum o is defined as a public way Dr. Bernay swore in Mr. Lindsey Pfeiffer. Mr. Pfeiffer stated he wanted to be allowed to use the property up to the property line. He told the Board this best utilized the use of the property and the setback does not help the City because additional footage in working space in the alley is not available due to existing fence and concrete slab. Also, any improvements on property corner lot will completely be hidden by building from the public view. CALL FOR VOTE TO APPROVE OR DISAPPROVE THE ENFORCING OFFICER'S DECISION #A90-002. Charles Christensen made a and the motion was seconded was unanimously approved. motion to grant the appeal by Steve Hines. The appeal 5) CONSIDER SPECIAL EXCEPTION REQUEST #SE90-001. SPECIAL EXCEPTION IS REQUESTED `PO THE 10 FOOT SETBACK REQUIREMENTS AND 90~ MAXIMUM LOT COVERAGE REQUIREMENTS OF ZONING ORDINANCE SECTION 6-500, TABLE B. SPECIAL EXCEPTION IS ALSO REQUESTED TO THE OFF STREET PARKING .REQUIREMENTS OF ZONING ORDINANCE SECTION 10-600. EXCEPTION IS REQUESTED FOR LTS 27 & 2<g~OF BLK 39; TOWN OF LA PORTE WHICH IS FURTHER DESCRIBED AS 301 WES'P MAIN STREET.